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Express Terms 

Part 201, Permits and Registrations 

(Existing Subpart 201-1 through paragraph 201-2.1(b)(20) remains unchanged.) 

Existing paragraph 201-2.1(b)(21) is repealed. 

New paragraph 201-2.1(b)(21) is added to read as follows: 

(21) Major stationary source or major source or major facility. Any stationary source or any group of 

stationary sources, any source or any group of sources, or any facility or any group of facilities, that are 

located on one or more contiguous or adjacent properties and are under common control, belonging to a 

single major industrial grouping and that are described in subparagraph (i), (ii), (iii), (iv), or (v) of this 

paragraph. For the purposes of this definition, a stationary source, source, or facility or group of 

stationary sources, sources, or facilities shall be considered part of a single industrial grouping if all of 

the air pollutant or air contaminant emitting activities at such stationary source, source, or facility, or 

any group of stationary sources, sources, or facilities on contiguous or adjacent properties belong to the 

same major group (i.e., all have the same two-digit code), as described in the Standard Industrial 

Classification Manual, 1987. Stand alone or common wall residential housing units including 

compatible commercial activities, which are not regulated by other applicable requirements, where the 

potential to emit for individual associated combustion or emission sources are below major stationary 

source, major source, or major facility applicability thresholds (notwithstanding that the sum of these 

individual combustion or emission sources could exceed major stationary sources, major source, or 

major facility applicability thresholds) shall not be considered a major stationary source, major source,

or major facility.
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(i) Except as otherwise expressly provided in this paragraph, a stationary source, source, or 

facility that directly emits or has the potential to emit, 100 tpy or more of any air pollutant or air 

contaminant regulated under the Act (including any major source or facility which emits only 

fugitive emissions, of any such pollutant, as determined through regulation by the administrator). 

With the exception of emissions of hazardous air pollutants, fugitive emissions shall not be 

considered in determining whether a facility is major unless it belongs to one of the source 

categories identified in subparagraph (iii) of this paragraph.

(ii) For hazardous air pollutants other than radionuclides, a stationary source, source, or facility 

that emits or has the potential to emit, in the aggregate, 10 tons per year (tpy) or more of any 

hazardous air pollutant as defined in Part 200 of this Title (including any fugitive emissions of 

such pollutant), 25 tpy or more of any combination of such hazardous air pollutants (including 

any fugitive emissions of such pollutants), or such lesser quantity as the administrator may 

establish by rule. The administrator shall specify the meaning of radionuclides for major 

stationary sources, major sources, or major facilities by rule. Notwithstanding the preceding 

sentence, emissions from any oil or gas exploration or oil and gas production well (with its 

associated equipment) and the emissions from any pipeline compressor station or pump station 

shall not be aggregated with emissions from other units, whether or not such units are in a 

contiguous area or under common control, to determine whether such units or stations are major 

stationary sources, major sources, or major facilities.

(iii) A stationary source, source, or facility that belongs to one of the following source categories 

and directly emits or has the potential to emit, 100 tpy or more of any air pollutant or air 

contaminant regulated under the Act (including the fugitive emissions of any such pollutant or 
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contaminant):

(a) coal cleaning plants (with thermal dryers);

(b) kraft pulp mills;

(c) portland cement plants;

(d) primary zinc smelters;

(e) iron and steel mills;

(f) primary aluminum ore reduction plants;

(g) primary copper smelters;

(h) municipal incinerators capable of charging more than 50 tons of refuse per day;

(i) hydrofluoric, sulfuric, or nitric acid plants;

(j) petroleum refineries;

(k) lime plants;

(l) phosphate rock processing plants;

(m) coke oven batteries;

(n) sulfur recovery plants;

(o) carbon black plants (furnace process);

(p) primary lead smelters;

(q) fuel conversion plants;

(r) sintering plants;

(s) secondary metal production plants;

(t) chemical process plants (excluding ethanol production facilities that produce ethanol 

by natural fermentation included in NAICS codes 325193 or 312140);

(u) fossil-fuel boilers (or combination thereof) totaling more than 250 million British 

thermal units per hour heat input;
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(v) petroleum storage and transfer units with a total storage capacity exceeding 300,000 

barrels;

(w) taconite ore processing plants;

(x) glass fiber processing plants;

(y) charcoal production plants;

(z) fossil-fuel-fired steam electric plants of more than 250 million British thermal units 

per hour heat input;

(aa) all other source categories regulated by a standard under section 111, for which EPA 

has completed a rule making proceeding under section 302(j) of the act or section 112 of 

the act, but only with respect to those air pollutants or air contaminants that have been 

regulated for that category as of the effective date of this Part; or

(bb) municipal solid waste landfills

(iv) A stationary source, source, or facility that is located in a nonattainment area or an

attainment area of the state within the ozone transport region where the stationary source, source, 

or facility potential to emit equals or exceeds the emissions thresholds (in tpy) identified in 

clauses (a), (b), (c), (d), or (e) of this subparagraph (including fugitive emissions if the stationary 

source, source, or facility belongs to one of the source categories listed in subparagraph (iii) of 

this Paragraph): 

(a) For areas classified as marginal or moderate ozone nonattainment, any stationary 

source, source, or facility with the potential to emit 100 tpy or more of oxides of nitrogen 

(NOx) or 50 tpy or more of volatile organic compounds (VOC).
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(b) For areas classified as severe ozone nonattainment, any stationary source, source, or 

facility with the potential to emit 25 tpy or more of NOx or VOC.

(c) For attainment areas of the state within the ozone transport region, any stationary 

source, source, or facility with the potential to emit 100 tpy or more of NOx or 50 tpy or 

more of VOC.

(d) For areas classified as moderate PM-10 nonattainment, any stationary source, source, 

or facility with the potential to emit 100 tpy or more of PM-10.

(e) For PM-2.5 nonattainment areas, any stationary source, source, or facility with the 

potential to emit 100 tpy or more of PM-2.5.

(v) For purposes of determining the applicability of Part 231 with respect to Prevention of 

Significant Deterioration (PSD) requirements only, a stationary source, source, or facility located 

in an attainment area of the state where the stationary source, source, or facility potential to emit 

equals or exceeds 250 tons per year of any attainment contaminant regulated under the Act; or 

equals or exceeds 100 tons per year of any attainment contaminant regulated under the Act 

(including fugitive emissions) if the stationary source, source, or facility belongs to one of the 

source categories listed in subparagraph (iii) of this paragraph.

 

(Existing Paragraph 201-2.1(b)(22) through Subpart 201-8 remains unchanged.)